may hereafter become due to the county of Marion, be expended under the direction of Samuel Fish, in improving that part of the road leading from Marion, in Marion county, to Marysville, in Union county, as lies within the county of Marion.

Sec. 2. The treasurer of Marion county is hereby authorized to pay over to the above named commissioner, upon the order of the county auditor, the sum hereby appropriated.

Sec. 3. That the sum of fifty dollars of the Three per cent. Fund of Logan county, be, and the same is hereby appropriated, to be laid out on the State road between West Liberty and Bellefontaine, under the direc tion of the commissioners appointed to lay out and establish said road, by an act passed February 19, 1838; and that the sum of fifty dollars of the Three per cent. Fund of said county, be, and is hereby appropriated, to be laid out on the Lima road, under the direction of Kemp G. Carter: and that the sum of fifty dollars of the Three per cent. Fund of Hardin county, be, and the same is hereby appropriated, to be laid out on the Lima road, in the south part of said county, under the direction of John McArthur. C. ANTHONY, Speaker of the House of Representatives. GEORGE J. SMITH, Speaker of the Senate.

March 13, 1838.

AN ACT

To incorporate the First Baptist Society of Columbia, in the county of Lorain.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Abel Goodwin, John Cole, Seth Wood, Jesse Lewis, and those who may hereafter be associated with them, be, and they are hereby, created a body politic and corporate, by the name of the "First Baptist Society of Columbia;" agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated religious societies;" and shall hold their first meeting for the election of officers by the persons named in this act, or a majority of them, giving ten days' notice in writing, posted up in three public places in said township, of the time and place of holding the same. C. ANTHONY,

Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate.

March 13, 1838.

AN ACT

To incorporate the Mulberry Grove Silk growing and Manufacturing Company of Hamilton county.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Seth W. Cheney, Mason Shaw, Rush Cheney, and Charles Cheney, and such other persons as may be associated with them, and their successors, be,

and they are hereby created a body corporate and politic, with succession for the term of thirty years, by the name and style of the "Mulberry Grove Silk Growing and Manufacturing Company of Hamilton County, Ohio," and that by that name may sue and be sued, answer and be answered, in all courts and places whatsoever, with full power, by their agent or agents, to acquire, hold, sell and convey, any real or personal property that shall be deemed proper by a majority of the directors, for promoting the objects of the company, which are hereby declared to be the culture and manufacture of silk or articles of which silk is the component parts. Sec. 2. That the capital stock of said company shall be fifty thousand dollars, to be divided into shares of one hundred dollars each, to be subscribed for and paid at such time and in such proportions, as shall be prescribed by the by-laws and rules of said company: Provided, That the funds of said company shall not be applied to any banking purpose than the one specified in the first section of this act, and that the stock of said company shall be considered as personal estate.

Sec. 3. That so soon as five thousand dollars shall be subscribed for, the subscribers, or any two of them, representing a majority of the stock subscribed, shall meet at Mulberry Grove Farm, near the village of Mount Pleasant, in Hamilton county, first giving notice of said meeting by publication in a newspaper, or by ten days previous notice in writing; they may then proceed to organize said company by adopting such by-laws and regulations for the good government of said company, as shall be deemed proper, not however, inconsistent with the Constitution and laws of the United States or of this State, and also by electing three or more directors, one of whom shall be president, and the directors shall, in the discharge of their duties, be governed by the rules and regulations of said company. Sec. 4. Any future Legislature may alter or amend this act.

C. ANTHONY,
Speaker of the House of Representatives.
GEORGE J. SMITH,
Speaker of the Senate,

March 13, 1838.

AN ACT

To incorporate the Wintersville and Massillon Turnpike Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Jehu Brown, John Myers, Harman Stidger, James Duncan, Alexander McCalley, Austin Allen, and John S. Johnson, of Stark county, Isaac Atkinson, Matson Ayres, Isaac Wiggins, George Reynolds, William D. Jenkins, Henry A. Stidger, and James Peterson, of Carroll county, Henry Crew, John McCullough, David Johnston, Matthew Roberts, of Jefferson county, and their associates, be, and they are hereby, created and declared a body politic and corporate, with perpetual succession, by the name and style of the "Wintersville and Massillon Turnpike Company," to construct and keep in repair a turnpike road, toll gates, and gate-keepers' houses; commencing at some suitable point at or near the town of Wintersville, in Jefferson county, through Richmond, Springfield, Amsterdam, Har

laem, Carrollton, Harrisburg, Waynesburg, and Canton, to the town of Mass sillon, on the Ohio Canal; and by such corporate name and style, said company. is hereby made and declared capable, in law and equity, to contract and be contracted with, to sue and be sued, plead and be impleaded, defend and be defended, in all manner of actions, and in all courts of law and equity; and to make by-laws, not contrary to the Constitution and laws of the United States, or of this State, and to have and use a common, seal, which they may break, alter or renew at pleasure; and acquire, have, hold, sell, transfer and convey property, real and personal, for their corporate use and purposes, but for no other use or purpose whatever.

Sec. 2. That the capital stock of said company, hereby incorporated, shall consist of three hundred thousand dollars, in shares of fifty dollars each, and may be subscribed and held by individuals, companies or corporations, and shall be appropriated and applied to the uses and purposes in the first section of this act set forth; and any person desiring to discharge his subscription to the capital of said company, in labor or materials, on or for said road, shall so specify at the time of subscribing; in which case, the labor to be performed by such subscriber shall be assigned, and the value of the same estimated by the principal engineer superintending the construction of the road; or if materials be subscribed, the value thereof shall be estimated by such principal engineer: Provided, That in all cases of subscription to the capital stock of said company, five dollars in cash shall be paid, or secured to be paid, to the person or persons under whose superintendence subscriptions may be received, on each share subscribed; and the residue of such capital stock, whether in cash, labor or materials, shall be paid, discharged, performed and furnished, on the requisition of the directors, for the time being.

Sec. 3. The books for receiving subscriptions to the capital stock of said company, shall be opened at such times and places, and under the superintendence of such persons, as a majority of said commissioners, or a majority of such of them as may consent to act, may designate and appoint; it shall be the duty of said commissioners, or a majority of them, or a majority of such of them as consent to act, to give twenty days' notice of the time, places and persons, which, and under whose superintendence, will be opened the books for receiving subscriptions to the capital stock of said company; which notice shall be published in some newspaper, published or in general circulation in the counties of Stark, Carroll and Jefferson; and the books for receiving subscriptions as aforesaid, shall be kept open as long as said directors shall see fit, unless said sum of three hundred thousand dollars of said capital stock shall be sooner subscribed. Sec. 4. That as soon as it shall be ascertained that ten thousand dollars of the capital stock of said company has been subscribed, said commissioners, or a majority of them, or a majority of such of them as consent to act, shall give twenty days' notice, as provided in the third section of this act, of an election which shall be held at such time and place as said commissioners shall direct, of seven directors, to manage and conduct the business and affairs of said company; and on the day thus specified, as aforesaid, the stockholders of said company shall proceed to the election, by ballot, of seven directors, who shall be stockholders, any five of whom shall constitute a quorum for the transaction of the business of said compa ny, each stockholder having one vote for each and every share he may

own; stockholders may also vote by proxy, under such regulations as may be prescribed in the by-laws of the company; and the directors thus elected shall, on the same day, or within five days thereafter, qualify themselves by an oath or affirmation of office, and shall then immediately proceed to elect, from their number, a president, whose duty it shall be to sign all obligations or contracts in behalf of the company; and all subse quent elections for directors shall be held on the first Monday of January, unless otherwise determined by the by-laws.

Sec. 5. That the president and directors shall hold their offices for one year, and until their successors are chosen and qualified; they shall, in all cases, manage the concerns of the company, appoint such other officers and agents as are necessary, fill all vacancies that may happen in their own body, until the next annual election, and may require an oath or af firmation of any of the agents or officers of said company, or such other security as they may deem necessary, to secure the faithful performance of their several duties; may call special meetings of the stockholders, by giving notice as before mentioned; shall keep a record of their proceedings relative to the company, and do all other matters and things touching the concerns of the company, contemplated by this act.

Sec. 6. That if any stockholder shall neglect or refuse to pay any instalment, after sixty days' notice of the time and place of payment, it shall be at the option of the directors to declare the stock of such delinquent forfeited to the company, or to collect the deficient instalment by suit, with costs and interest thereon, from the time said unpaid instalment had be come due; and no delinquent stockholder shall have a right to vote at any meeting of the company.

Sec. 7. That the said company shall have a right to lay out, survey and locate a McAdamized or turnpike road, as specified in the first section of this act, through any improved or unimproved lands, and to take from the lands occupied by such road, when located as aforesaid, any stone, gravel, timber or other materials necessary to construct a good, secure and substantial McAdamized or turnpike road, as contemplated by this act, and the necessary bridges connected therewith; and if any difference should arise, between the owner or owners of any ground on which the said road may be located, or from which such materials shall be taken as aforesaid, and the agents of the company, respecting damage, it shall be determined by three disinterested freeholders to be appointed by the commissioners of the county in which the subject of difference lies, who, after being duly sworn faithfully and impartially to perform the duties required of them by this act, shall make out their assessment, in writing, of the damage, if any, a copy of which shall be given to the proprietor of the land, and another copy to the agent of the company; and said agent shall pay or offer to pay to the owner of said land the amount of such assessed damages, before he shall enter upon or take any such ground or materials other than to survey the road; and all such assessment, of damages, if any should be awarded, shall be paid by the company; but if no damage shall be awarded, then the expense shall be paid by the person who had claimed damages; and in case sufficient materials cannot be procured on the land so as aforesaid acquired for said road and bridges, said company, or their agents, shall have a right, and they are hereby authorized, to enter upon any lands adjoining, or in the vicinity of said road, and to dig, cut down, take, and carry away, so much

stone, gravel, timber, or other materials, not previously cut down, taken, appropriated, or prepared by the owner for any particular use, as may be necessary to enable said company to construct said road, and the necessary bridges, toll gates and gate-keepers' houses; and in case of difference between the owner of any lands from which materials may be taken, as mentioned aforesaid, in this section, such difference shall be determined, and compensation made by said company, in manner provided in this section.

Sec. 8. That in addition to the land necessary for the construction, use and repair of said road, said company shall be entitled to, and authorizto acquire, in manner aforesaid, not exceeding one acre of land, at each toll gate, for the erection thereon, and convenient occupation, of a gatekeeper's house; and said company shall cause such McAdamized or turnpike road to be opened, not exceeding eighty feet wide, at least twenty feet of which shall be made an artificial road, composed of stone, gravel, wood, or other suitable materials, well compacted together, in such manner as to secure a good, firm, substantial and even road, rising in the middle, with a gradual arch or curve, with sufficient drains, on each side, to carry the water therefrom, and shall keep the same in good repair; and in no case shall the ascent in such road be of greater elevation than five degrees with the horizon.

Sec. 9. That so soon as said company shall have completed such road, as aforesaid, or any part of such road, not less than five continuous miles, and so, from time to time, as often as five continuous miles thereof shall be completed, an agent to be appointed for that purpose by the commissioners of the proper county, if not otherwise appointed by or under the Legislature, or its authority, shall, on application of said company, examine said road, or part thereof, as aforesaid, and report his opinion to the president of said company; and if such agent shall report said road, or any continuous five miles thereof, to be completed, agreeably to the requisitions of this act, said company shall thereupon be entitled to erect a toll gate or toll gates, at suitable distances on said road, and to demand and receive of those traveling or using the same, the tolls allowed by this act.

Sec. 10. That the following shall be the rates of toll for each and every ten miles of said road, and in the same proportion for a greater or less distance, to wit:. For every four-wheeled carriage, drawn by two horses or oxen, twenty-five cents; for every horse or ox in addition, six and onefourth cents; for every sled or sleigh, drawn by two horses or oxen, twelve and one-half cents; for every horse or ox in addition, six and one-fourth cents; for every sled or sleigh drawn by one horse, six and one-fourth cents; for every horse and rider, six and one-fourth cents; for every horse, mule or ass, led or driven, six months old or upwards, three cents; for every score of neat cattle, six months old or upwards, twenty-five cents; and a less number in proportion; for every score of sheep or hogs, twelve and a half cents; for every four-wheeled pleasure carriage, drawn by two horses, thirty-seven and a half cents; for every horse in addition, twelve and a half cents; for every carriage, drawn by one horse, twenty-five cents; for every horse in addition, twelve and a half cents: Provided, That if the said road shall be constructed and made of earth only, then, and in that case, the said company shall be authorized to receive an amount of toll not exceeding two-thirds of the amount hereinbefore specified: Provided, L. L.-31.